Second, first answer what is the right of a lawyer:
According to the provisions of China's Lawyers Law, the rights of lawyers in China mainly refer to lawyers' personal rights and lawyers' practice rights.
(A) the personal rights of lawyers
China's "Lawyers Law" stipulates: "Lawyers' personal rights are inviolable in their practice. "
Its contents should include that lawyers' personal freedom is not illegally restricted or deprived when practicing; Homes and offices are inviolable; Lawyers' reputation rights are inviolable, etc. Lawyers who violate personal rights shall be investigated for criminal responsibility according to the provisions of China's criminal law.
(2) Lawyers' right to practice.
The regulation of lawyers' right to practice is the premise to ensure lawyers' smooth practice. According to the Lawyers Law, lawyers enjoy the following rights:
1, marked to the right
Refers to the lawyer's right to consult the case files in the relevant organs according to the provisions of the procedural law when he is engaged in litigation business.
The right of lawyers to participate in litigation includes the following contents:
(1). With regard to access to case files, according to the Joint Notice of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Justice and Ministry of Public Security on Certain Specific Provisions on Lawyers' Participation in Litigation (1981April 27th): ① Lawyers, as defenders, agents and agents of civil cases, can go to relevant authorities to access relevant materials of this case. (2) The case files that lawyers can consult do not include the records of the judicial committee and collegial panel, and the clue materials related to other cases.
(2) When lawyers read papers, the relevant units shall give necessary convenience and provide places for lawyers to read papers.
(3) lawyers can extract and copy the papers, and the extracted materials are stored in the files of law firms.
(4) confidentiality.
2. Right to investigate and collect evidence
Refers to the lawyer's right to investigate cases and collect evidence in the course of practice.
Article 3 1 of the Lawyers Law stipulates: "When a lawyer undertakes legal affairs, he may conduct an investigation with the consent of the relevant unit or individual."
(1) Lawyers undertake legal affairs and enjoy the right to investigate and collect evidence, which is the guarantee for lawyers to carry out normal business activities.
(2) When investigating and collecting evidence from relevant units or individuals, lawyers shall obtain the consent of relevant units or individuals.
(3) Lawyers' right to investigate and collect evidence is not mandatory.
Article 37 of the Criminal Procedure Law stipulates: (see the previous article). If a defense lawyer applies to a people's procuratorate or a people's court for collecting and collecting evidence, and the people's procuratorate or the people's court deems it necessary to investigate and collect evidence, the people's procuratorate or the people's court shall collect and collect evidence, and shall not issue a decision allowing lawyers to collect and collect evidence.
3. Right to meet and correspond
Refers to the lawyer who acts as the agent of the criminal suspect and the defender of the defendant in criminal cases and has the right to meet or correspond with the criminal suspect and the defendant in the supervision place.
4. The right to appear in court is guaranteed.
(1) When the people's court determines the date of the hearing, it shall allow time for lawyers to prepare for the hearing.
(2) Because of the complexity of the case and the urgency of the opening date, the lawyer has the right to apply for an extension of the trial, and the people's court shall consider it within the time limit that does not affect the legal closing time.
(three) the people's court shall notify the lawyer to appear in court to perform his duties by notice, and shall not summon the lawyer by summons; The notice of the people's court hearing shall be served three days before the hearing at the latest.
(4) In the case of rescheduling the trial, appropriate preparation time should be set aside for the lawyer to appear in court for the second time.
5. Refuse the right of defense and agency.
It refers to the right of lawyers to refuse to act as legal agents such as criminal suspects, defendants or litigation cases under certain conditions.
(1) Lawyers can exercise the right of refusal in defense or agency activities.
(2) The situations in which lawyers have the right to refuse defense and agency include: ① the entrusted matters are illegal; (2) The client engages in illegal activities by using the services of lawyers; (3) The client conceals the facts; (4) There are other legitimate reasons, such as the lawyer's physical and mental condition destroying the lawyer's ability to represent the client, and the client insulting the lawyer's personality and seriously damaging the good faith relationship between them.
6, the court trial stage rights
According to the provisions of China's procedural law, lawyers mainly enjoy the following rights in the court trial stage:
(1), the right to ask questions. That is, during the trial, with the permission of the presiding judge, lawyers have the right to ask questions to witnesses, expert witnesses, inspectors or defendants. & gt
Question 2: What are the basic rights and obligations of practicing lawyers? 1. Lawyers mainly enjoy the following rights in their practice activities: 1. Lawyers' practice according to law is protected by law;
2, lawyers to participate in litigation activities, in accordance with the provisions of the procedural law, can collect and consult the materials related to the case, meet and communicate with people whose personal freedom is restricted, appear in court, participate in litigation, and enjoy other rights stipulated in the procedural law;
3. If a lawyer acts as an agent ad litem or defender, his right to debate or defend shall be guaranteed according to law;
4, lawyers to undertake legal affairs, with the consent of the relevant units or individuals, can investigate the situation to them;
5. The personal rights of lawyers in their practice activities are inviolable;
6. A lawyer, as an agent of a civil litigant, enjoys all the rights entrusted or authorized by the litigant;
7. Lawyers have the right to obtain copies of various litigation documents for handling cases.
Two, lawyers must perform the following obligations at the same time in practice:
1. A lawyer shall keep state secrets and business secrets of the client he knows in his practice activities, and shall not disclose the privacy of the client;
2. A lawyer shall not act as an agent for both parties in the same case;
3. Lawyers shall not accept entrustment, charge fees from clients privately, or accept property from clients;
4. Lawyers shall not take advantage of the convenience of providing legal services to seek the disputed rights and interests of one party or accept the property of the other party;
5. Lawyers shall not meet with judges, prosecutors and arbitrators in violation of regulations;
6. Lawyers shall not treat judges, prosecutors, arbitrators and other relevant staff as gifts or pay bribes, and shall not instigate or induce the parties to pay bribes;
7. Lawyers shall not provide false evidence to conceal facts or threaten or induce others to provide false evidence, conceal facts or hinder the other party from obtaining evidence according to law;
8. Lawyers shall not disturb the order of courts and arbitration tribunals or interfere with the normal conduct of litigation and arbitration activities;
9. Lawyers shall not seek business by slandering other lawyers or paying referral fees.
10. A lawyer who once served as a judge or prosecutor may not serve as an agent ad litem or defender within 2 years after leaving the people's court or people's procuratorate.
Question 3: Rights and obligations of lawyers in law firms. What legal partner network on Baidu can solve your problem?
Question 4: What rights and obligations does the law give lawyers? Section 1: Lawyers' Rights
I. Concept
Lawyer's rights: it is the guarantee that lawyers enjoy independent practice according to law, and it refers to the rights and related protection given to lawyers in their practice activities by national laws.
Second, the rights of lawyers.
According to the provisions of China's Lawyers Law, the rights of lawyers in China mainly refer to lawyers' personal rights and lawyers' practice rights.
(A) the personal rights of lawyers
China's "Lawyers Law" stipulates: "Lawyers' personal rights are inviolable in their practice. "
Its contents should include that lawyers' personal freedom is not illegally restricted or deprived when practicing; Homes and offices are inviolable; Lawyers' reputation rights are inviolable, etc. Lawyers who violate personal rights shall be investigated for criminal responsibility according to the provisions of China's criminal law.
(2) Lawyers' right to practice.
The regulation of lawyers' right to practice is the premise to ensure lawyers' smooth practice. According to the Lawyers Law, lawyers enjoy the following rights:
1, marked to the right
Refers to the lawyer's right to consult the case files in the relevant organs according to the provisions of the procedural law when he is engaged in litigation business.
Article 30 of China's Lawyers Law stipulates that lawyers can consult materials related to cases in accordance with the provisions of the procedural law; Article 6 1 of the Civil Procedure Law stipulates that lawyers can consult the relevant materials of this case; Article 36 of the Criminal Procedure Law stipulates that defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials in this case from the date when the people's procuratorate examines and prosecutes the case, and may consult, extract and copy the materials accusing the criminal facts in this case from the date when the people's court accepts the case. (According to Article 3 19 of the Criminal Procedure Rules of the Supreme People's Procuratorate, it is clear that litigation documents include procedural documents made by filing a case, detention warrants, decisions on approving arrest, arrest warrants, search warrants, prosecution opinions, etc. , not to file a case, take compulsory measures and reconnaissance measures, and submit it for review and prosecution. Technical appraisal materials include documents that record the appraisal situation, such as forensic appraisal, judicial spirit appraisal and material evidence technical appraisal, as well as appraisal conclusions formed by the appraisal of people, articles and other relevant evidence materials by qualified personnel. )
The right of lawyers to participate in litigation includes the following contents:
(1). With regard to access to case files, according to the Joint Notice of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Justice and Ministry of Public Security on Certain Specific Provisions on Lawyers' Participation in Litigation (1981April 27th): ① Lawyers, as defenders, agents and agents of civil cases, can go to relevant authorities to access relevant materials of this case. (2) The case files that lawyers can consult do not include the records of the judicial committee and collegial panel, and the clue materials related to other cases.
(2) When lawyers read papers, the relevant units shall give necessary convenience and provide places for lawyers to read papers.
(3) lawyers can extract and copy the papers, and the extracted materials are stored in the files of law firms.
(4) confidentiality.
2. Right to investigate and collect evidence
Refers to the lawyer's right to investigate cases and collect evidence in the course of practice.
Article 3 1 of the Lawyers Law stipulates: "When a lawyer undertakes legal affairs, he may conduct an investigation with the consent of the relevant unit or individual."
(1) Lawyers undertake legal affairs and enjoy the right to investigate and collect evidence, which is the guarantee for lawyers to carry out normal business activities.
(2) When investigating and collecting evidence from relevant units or individuals, lawyers shall obtain the consent of relevant units or individuals.
At this point, China's relevant laws are not harmonious. According to the Civil Procedure Law, lawyers representing litigation have the right to investigate and collect evidence. According to the Administrative Procedure Law, lawyers representing litigation can investigate and collect evidence from relevant organizations and citizens. Article 37 of the Criminal Procedure Law stipulates: "With the consent of witnesses or other relevant units or individuals, defense lawyers may collect materials related to this case from them, apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them. "
(3) Lawyers' right to investigate and collect evidence is not mandatory.
Article 37 of the Criminal Procedure Law stipulates: (see the previous article). If a defense lawyer applies to a people's procuratorate or a people's court for collecting and collecting evidence, and the people's procuratorate or the people's court deems it necessary to investigate and collect evidence, the people's procuratorate or the people's court shall collect and collect evidence, and shall not issue a decision allowing lawyers to collect and collect evidence.
3. Right to meet and correspond
Representing a criminal suspect in a criminal case ... >>
Question 5: What are the rights and obligations of lawyers as defenders in criminal proceedings? Its duty is to put forward opinions on the materials that prove the defendant's innocence, mitigate or mitigate the crime and exempt him from criminal responsibility according to facts and laws, safeguard the defendant's innocence, mitigate or mitigate the crime and exempt him from criminal responsibility, and safeguard the defendant's legitimate rights and interests. When defending, you must perform your defense duties according to facts and laws, and put forward opinions on fully convincing materials. Generally, the source of materials is (1) materials correctly used by judicial organs for investigation and investigation. (2) The materials obtained in the meeting and correspondence with the defendant. (three) in accordance with the relevant provisions of the investigation and study of materials. Defenders have no investigative power. Materials obtained by defenders through illegal use of investigation means are not allowed by law. In practice, when lawyers act as defenders, they should educate the defendants to make them correct, confess, plead guilty and abide by the law, and get good results, which is actually completely consistent with safeguarding the legitimate rights and interests of the defendants.
When performing defense duties, lawyers should deal with crimes that the defendant has not confessed to the judicial organs according to different situations: (1) If the defendant is found to have concealed important crimes when reading vouchers or knowing the case from the people's court, or if the judicial organs find that the defendant has confessed in their own investigation, otherwise, lawyers can refuse to accept the entrustment or terminate the entrustment. However, it is absolutely not allowed to disclose to the defendant the relevant information held by the judicial organs or lawyers themselves. (2) If the defendant voluntarily states to the lawyer a major crime that has not been mastered by the judicial organ, the lawyer shall encourage the defendant to confess to the judicial organ and strive for leniency. If the defendant refuses the judicial organ, his rights mainly include the following aspects:
1. Defenders have the right to defend independently according to facts and laws, and are not subject to illegal interference by people's courts, people's procuratorates and other organs, groups and individuals.
2. The defense lawyer can consult and extract this case file to understand the case and evidence materials. The court shall provide necessary facilities and places for lawyers to read papers. Other defenders, with the permission of the people's court, may also know the case.
3. The defense lawyer can meet and communicate with the defendant in custody. A defense lawyer may employ the staff of the Legal Advisory Office and a special letter of introduction with a fixed format to meet the defendant in the detention center or its supervision place. The personnel in the detention place should pay attention to the way and try to avoid adding the content of the defendant's conversation, so as not to affect the defendant's full exercise of his right to defense.
4. A defense lawyer can hold a letter of introduction from the Legal Advisory Office, visit relevant units and individuals, and investigate the case; The relevant units and individuals shall give support.
5. When trying a case, the people's court shall reserve the time needed for the defender to prepare for court appearance. The defender has the right to apply for a statutory postponement of the trial, and the court shall consider it within the statutory closing time.
6. In the court trial stage, the defender has the right to participate in the court trial and may ask the presiding judge questions about witnesses and experts; You can also ask questions directly to witnesses, expert witnesses and defendants with the permission of the presiding judge; Can cross-examine the readings and statements in court and all kinds of evidence materials; You can apply to notify new witnesses to appear in court, obtain new material evidence, re-evaluate or conduct an inquest; You can argue with the prosecutor and so on.
7. In all cases of public prosecution, the people's procuratorate shall attach a copy of the indictment, which shall be handed over to the defender by the court. In the first case, if the people's procuratorate protests according to law, it shall also attach a copy to the court and give it to the defense lawyer. All cases with legal reasons for defense, judgments and rulings made by courts of first and second instance, should be sent to defense lawyers.
8. Before the judgment or ruling comes into effect, the defense lawyer may meet with the defendant and ask for his opinions on the judgment or ruling when he deems it necessary. With the consent of the defendant, an appeal can be made against the judgment or ruling.
9. Defenders may refuse to continue to defend the defendant if they find that he has concealed major criminal facts and still refuses to confess after being patiently taught by the defender.
10. After accepting the entrustment and being appointed as the defender, the defense lawyer has the obligation to defend the defendant and be responsible to the end, unless the defendant insists not to continue his defense. Lawyers must defend according to facts and laws, and shall not falsify evidence or collude with the defendant in fraud, misinterpret the law to confront the trial and evade punishment. They have the obligation to keep the state secrets and personal privacy they come into contact with in defense strictly confidential, appear in court on time and abide by the rules of the court.
Question 6: Lawyers' rights and obligations in civil litigation: the right to investigate, the right to consult files, the right to meet and communicate with people whose personal freedom is restricted, the right to participate in court proceedings, the right to refuse to defend and represent, and the right of lawyers' personal rights to be inviolable. Obligation: 1. Abide by the Constitution and laws, and abide by the obligations of lawyers' professional ethics and practice discipline. 2. Never refuse the obligation of defense and representation without reason. 3. Obligation to provide legal aid. 4. Obligation of Confidentiality Article 33 of the Lawyers Law stipulates that lawyers should keep state secrets and business secrets of the parties they know in their practice activities, and may not disclose the privacy of the parties. 5, shall not bear the obligation of a specific case. Article 34 of the Lawyers Law stipulates that a lawyer may not act as an agent for both parties in the same case. Article 36 stipulates that a lawyer who has served as a judge or prosecutor shall not serve as an agent ad litem or defender within two years after leaving a people's court or a people's procuratorate. 6. Never accept the entrustment without permission. 7. Do not use the convenience of legal services to seek the disputed interests of the parties or accept the property of the other party. 8. Meeting with judges and prosecutors without violating regulations. 9. Judges, prosecutors, arbitrators and other relevant staff members shall not be treated as gifts or paid bribes, nor shall they instigate or induce the parties to pay bribes. 10, which shall not hinder testimony. Paragraph 5 of Article 35 of the Lawyers Law stipulates that a lawyer shall not provide false evidence, conceal facts or threaten, induce others to provide false evidence, conceal facts or prevent the other party from obtaining evidence according to law. 1 1, and shall not disturb the order of the court and the arbitration tribunal.
Question 7: What are the rights and obligations of both parties who hire lawyers | 10? The lawyer's right is that the client has the obligation to collect lawyer's fees and ask the client to truthfully state the facts of the case and produce relevant evidence. The right of the parties is that lawyers have the obligation to do their duty, serve the parties honestly and faithfully, and handle the agency matters in strict accordance with the law.
Question 8: What are the rights and obligations of the executive director of a law firm? This question is a bit unprofessional. The executive director seems to be the title of partner lawyer. It depends on how their rights and obligations are stipulated in the partnership agreement, and outsiders have no way of knowing. Moreover, the external liability shall be borne by the lawyer first, and the partners shall bear joint liability.
Question 9: What are the rights and responsibilities of lawyers? First, the rights of lawyers in the process of practice:
1. Lawyers have the right to independently exercise their right to defense according to their own identification of the facts of the case and their understanding of the law, and are not subject to interference by any organ, group or individual.
2 lawyers can consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case; The people's court may, from the date of accepting the case, consult, extract and copy the materials of the alleged criminal facts in this case.
3. A lawyer may apply to the people's procuratorate or the people's court for collecting and obtaining evidence before the court session, and may also apply to the people's court for obtaining evidence materials about the defendant's innocence or light crime collected during investigation and prosecution. A defense lawyer may apply for a witness to testify in court.
4. Lawyers may meet and correspond with criminal suspects and defendants in custody from the date when the people's procuratorate examines and prosecutes or the people's court accepts the case. With this, we can understand the case and listen to the explanations of criminal suspects and defendants.
5. Lawyers have the right to investigate and collect evidence. With the consent of witnesses or other relevant units and individuals, defense lawyers may collect evidence related to the case from them; With the permission of the people's procuratorate or the court, and with the consent of the victim or his close relatives or witnesses provided by the victim, evidence related to the case may be collected from them.
6. Lawyers have the right to participate in court investigations and court debates. With the permission of the presiding judge, questions may be put to the defendant, witness or expert witness; Have the right to apply for notifying new witnesses to appear in court, obtaining new material evidence and applying for re-appraisal or inspection; Have the right to apply for an adjournment; Have the right to object to the incorrect questioning method of the public prosecutor and request the presiding judge to stop it; Have the right to produce evidence to prove that the defendant is innocent, the crime is light, and the criminal responsibility is reduced or exempted; Have the right to express opinions on the evidence presented by the public prosecutor and conduct cross-examination. At the stage of court debate, they have the right to express their defense opinions according to facts and laws, refute accusations, and have the right to argue with public prosecutors and agents.
7. With the consent of the defendant, the defendant has the right to appeal against the judgment or ruling of first instance that has not taken effect.
8. Have the right to obtain legal documents and know the results of case handling. The people's court shall send a copy of the indictment to the defense lawyer on time so that he can prepare to respond according to the charges; After the judgment is pronounced, the people's court shall serve the judgment on the defense lawyer.
Two, lawyers must perform the following obligations at the same time in practice:
1. Lawyers should keep state secrets and business secrets of clients they know in their practice activities, and may not disclose the privacy of clients.
2. A lawyer may not act as an agent for both parties in the same case.
3. A lawyer shall not accept the entrustment without permission, collect fees from the client without permission, and accept the property of the client.
4. Lawyers shall not take advantage of the convenience of providing legal services to seek the disputed rights and interests of one party or accept the property of the other party.
5. Lawyers shall not meet with judges, prosecutors and arbitrators in violation of regulations.
6. Lawyers shall not treat judges, prosecutors, arbitrators and other relevant staff as gifts or pay bribes, and shall not instigate or induce the parties to pay bribes.
7. Lawyers shall not provide false evidence to conceal facts or threaten or induce others to provide false evidence, conceal facts or hinder the other party from obtaining evidence according to law.
8. Lawyers shall not disturb the order of courts and arbitration tribunals, nor interfere with the normal conduct of litigation and arbitration activities.
9. Lawyers shall not seek business by slandering other lawyers or paying referral fees.
10. A lawyer who once served as a judge or prosecutor may not serve as an agent ad litem or defender within 2 years after leaving the people's court or people's procuratorate.